Studien zum internationalen Investitionsrecht ; v. 10.
"Since the inception of the international investment law system, investment promotion and protection have been the raison d'être of investment treaties and states have confined their policy space in order to attract foreign investment and protect their investors abroad. Languishing in relative obscurity until recently, the right to regulate has gradually come to the spotlight as a key component of negotiations on new generation investment agreements around the globe. States and regional organisations, including, notably, the European Union and the United States, have started to examine ways in which to safeguard their regulatory power and guide--and delimit--the interpretive power of arbitral tribunals, by reserving their right to pursue specific public policy objectives. The monograph explores the status quo of the right to regulate, in order to offer an appraisal and a reference tool for treatymakers, thus contributing to a better understanding of the concept and the broader discourse on how to enhance the investment law system's legitimacy."--Bloomsbury Publishing.
Originally presented as author's thesis (doctoral)--Universität-Gesamthochschule-Siegen, 2013.
Bibliography, etc. Note
Includes bibliographical references (pages 305-330) and index.
Formatted Contents Note
Introduction The right to regulate: general observations The right to regulate in context The rationale for inserting a right to regulate Types of regulatory interests Positive language on regulatory interests The right to regulate in IIAs The nexus requirement, self-judging clauses and the standard of review of exceptions The right to regulate by subject The right to regulate beyond IIAs in general international law Arbitral jurisprudence on the right to regulate (beyond IIAs and general international law) and the question of an implicit right to regulate Conclusion.